Is there any new question or matter that should be the subject of an inquiry or an independent medical examination?

British Columbia, Canada


The following excerpt is from Hamilton v. Pavlova, 2010 BCSC 493 (CanLII):

In summary, it is my view that the application is at this point, at least, timely, and given the number of medical experts and the plaintiff's complicated history, it is, in my view, an exceptional case, as that term was used in Wildemann v. Webster. However, I cannot find that there is any new question or matter that should be the subject of an inquiry or an independent medical examination. It seems to me that on the material presented, the defence seeks only to bolster the opinion of Dr. Moll by providing a similar opinion from someone with perhaps a more appropriate specialty. At this time, I cannot find a further examination is necessary to ensure reasonable equality of the parties in the preparation for the trial, and the application for an independent medical examination is dismissed.

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